Structural Laminates, Inc., a Corporation v. Douglas Fir Plywood Association, a Corporation
Opinion
Opinion
As stated in the final pretrial order, appellant’s claim is grounded solely on an alleged conspiracy to restrain trade in violation of Section 1 of the Sherman Act ( 15 U.S.C. § 1 ) by appellee and some or all of the members comprising the appellee association. Appellant admits its allegations, if proved, would not constitute a per se violation of the Sherman Act. Maple Flooring Manufacturers Association v. United States, 268 U.S. 563 , 45 S.Ct. 578 , 69 L.Ed. 1093 (1925); Tag Manufacturers Institute v. FTC, 174 F.2d 452 (1st Cir., 1949). In argument and the briefs, appellant concedes that reasonableness of appellee’s conduct and any restraint of trade resulting therefrom is the basis upon which determination of plaintiff’s claim by the trial court, and review thereof on this appeal, must rest. Standard Oil Co. of New Jersey v. United States, 221 U.S. 1 , 31 S.Ct. 502 , 55 L.Ed. 619 (1910); Chicago Board of Trade v. United States, 246 U.S. 231 , 38 S.Ct. 242 , 62 L.Ed. 683 (1918); Roofire Alarm Co. v. Royal Indemnity Co., 202 F.Supp. 166 (E.D.Tenn., 1962), app. Dism. 313 F.2d 635 (6th Cir., 1963), cert. den. 373 U.S. 949, 83 S.Ct. 1678 , 10 L.Ed.2d 704 (1963).